CNR
MHNS010031812022
Order below Exh.1 in Cri. Bail Application No.793/2022.
[ Laxman Sakhahari Warule and others Vs. State ]
This bail
is moved by the applicants­accused No.1
Laxman Sakhahari Warule, No.2 Dnyaneshwar Raghunath Warule,
No.3 Navnath Nivrutti Warule, No.4 Narayan Raghunath Warule,
No.5 Kisan Sopan Warule, No.6 Santosh Laxman Warule, No.7
Shivaji Sampat Warule, No.8 Sopan Dada Warule for releasing them
on bail under section 439 of Cr.P.C., in connection with CR
No.52/2022 registered with Wavi Police Station, Tal. Sinnar for the
offence U/sec. 143, 147, 148, 324, 323, 504, 506, 326 r/w sec. 149
of Indian Penal Code, registered on 5.3.2022 in connection with the
alleged incident of assault occurred on 3.3.2022. Applicants­accused
are arrested on 21.6.2022 and since then they are in jail.
2.

It is stated in the application that, quarrel took place
between both group at the time of measurement in the agricultural
land Gat No.208 and a free fight took place between them. The
applicants­accused No.2 and 3 have allegedly assaulted by Bamboo
and caused grievous hurt to the first informant and therefore, crime is
registered against them. It is also stated that counter crime is also
registered vide CR No.53/2022 under section 432, 147,148,327, 504
r/w sec. 149 of IPC in connection with the same incident. Though the
crime is registered on 5.3.2022, however, the police have added
section 326 of IPC on 23.5.2022. All the accused were produced
before the learned JMFC and after hearing the bail application
learned JMFC rejected the same on 21..6.2022 stating that there is
prima facie case against all the accused, offence is serious. He also
considered the medical certificates and therefore, opined that it
..2..

would not be proper to release the accused on bail and hence,
applicants­accused have moved present application for bail under
section 439 of Cr.P.C.
3.

I.O. is absent. Report is filed. It is stated in the report that
Bamboo used in the alleged incident are recovered. The police
objected the bail application stating that accused and first informant
having their agricultural land adjoining to each other and therefore,
they may repeat the offence. They are residing in same village and
there are chances that they may pressurized the prosecution
witnesses and prayed to reject the bail application.
4.

Heard, both the parties.

5.

The learned counsel Shri. Rahul Kasliwal submitted that
even if accepting the entire prosecution case, it is not disclosed the
offence under section 326 of IPC is made out. He submitted that
Bamboo used in commission of crime and two teeth dislocated of the
first informant by one of the accused by kick and therefore, at the
most section 325 of IPC is applicable. He submitted at bar that the
antecedents of the applicants­accused are clean and they are ready to
abide the conditions laid down by this Court. The learned APP
submitted that injured is discharged from the hospital. Incident had
taken place on 3.3.2022.
6.

Thus, considering the above situation two Bamboo which
are used in the crime already recovered. Applicants­accused have no
criminal antecedents. They are agriculturalist. Two accused No.1 and
8 are 67 years old. The applicants­accused are local resident, there
are no chances that they will jump the bail. So far as applicability of
section 326 is concerned, it is due to dislocation of the teeth and
Cri. Bail Application No.793/2022 .
..3..

therefore, police subsequently added section, even without going to
the merit of the case, no purpose would be served by keeping the
applicants­accused behind the bar. So far as apprehension that they
may repeat the crime or they may pressurized the prosecution
witnesses, necessary condition can be laid down, so as to take care of
the apprehension expressed by the prosecution. Hence,
Hence,
following order.

ORDER
1.

Bail application No.793/2022 is hereby allowed.

2.

Applicants­accused No.1 Laxman Sakhahari Warule, No.2
Dnyaneshwar Raghunath Warule, No.3 Navnath Nivrutti
Warule, No.4 Narayan Raghunath Warule, No.5 Kisan Sopan
Warule, No.6 Santosh Laxman Warule, No.7 Shivaji Sampat
Warule, No.8 Sopan Dada Warule for releasing them on bail
under section 439 of Cr.P.C., in connection with CR
No.52/2022 registered with Wavi Police Station, Tal. Sinnar
for the offence U/sec. 143, 147, 148, 324, 323, 504, 506, 326
r/w sec. 149 , be released on bail on executing bond of
Rs.15,000/­ each with surety in like amount.

3.

They shall furnish their address proof aadhar card of their two
near relatives alongwith mobile numbers.

4.

They shall not threaten or tamper the prosecution witnesses in
any manner.

5.

They shall attend the Wavi Police Station, Tal. Sinnar on every
Monday in between 11.00 a.m. to 2.00 p.m., for one month..

6.

In the event of breach of any of the conditions, their bail
bonds shall be liable to be cancelled.

7.

Bail in lower court.

Date­ 27.06.2022
SHINDE
MADHAV
A
Digitally signed
by SHINDE
MADHAV A
Date: 2022.06.27
18:13:16 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.